How to go to Turkey with the debts of FSSP.
Annually, bailiffs do not release more than 300,000 Russians abroad. In the Saratov region last year, the departure from Russia was limited to 2,240 residents of the region, and in the first half of this year another 1,600 people lost the opportunity to go abroad. And this despite the fact that the time of summer vacations is just beginning.
The majority of them (approximately 45%) are malicious alimony keepers, 35% have not paid the loans, the remaining Saratovites are debtors for housing and communal services, insurance premiums and other unpaid services.
The restriction on the departure of debtors abroad has been in effect for several years, but as bailiffs say, every year the number of people wishing to break through the cordon, having debts, is growing. Bailiffs apply a ban on leaving, when they can not get money from debtors “in an amicable way.” The recoverer, who must be paid, goes to court, and after the court makes a decision, enforcement proceedings begin. If the bailiffs can not get the debtor to give money, one of the measures of influence is a restriction on leaving. And like everything is correct – first pay off debts, and then travel, but there is one small “but.” The amount of debt with which the debtor may have problems when traveling abroad is not defined by law. There are cases when debtors were forbidden to leave the country because of scanty amounts of 300 and 500 rubles. But most of all, the bailiffs of the Murmansk region distinguished themselves, who imposed a ban on leaving because the person did not pay the state fee of 100 rubles. True, this was in the first years of the bill.
Today, according to the director of the Federal Bailiff Service Artur Parfenchikov, it is recommended not to restrict the movement of citizens who owe less than 5 thousand rubles. But … if this does not refer to alimony or there is no special petition of the recoverer.
Saratov bailiffs confirm that in practice, usually for small debts, exit is not limited. Too much trouble, and a miserable return. Usually “non-exit” citizens should much more than 5 thousand rubles. A resident of Balakovo gathered to work in Germany, but the debt for maintenance payments of 100 thousand rubles. prevented the embodiment of plans. In the same situation was Saratovitch, who was going to move to Ukraine to live, but she owed the bank 80 thousand rubles. Having learned about the restriction, she paid the debt within two weeks, and explained her intention to go abroad with “debt burden” behind her because she did not know that the restriction on departure concerns crossing the borders with Ukraine, and was sure that her border guards would miss her . The very big debt at the memory of the bailiffs, because of which the resident of Saratov was not released for work in Turkey, was 1.5 million rubles. Having learned that abroad with such debts does not shine, the woman paid the debt for two days.
But such amounts of debt are still a trifle. In late May, one of the entrepreneurs in Naberezhnye Chelny was unable to leave for vacation with his family, as the bank owed 26 million rubles. It is interesting that as soon as the trip broke, the businessman immediately found the necessary amount.
“The restriction of exit is canceled after paying the debt, the bailiff who conducts the enforcement proceedings,” explained Vladimir Moiseenko, chief specialist – expert of the department of organizational control and interaction with the media of the Office of the Federal Bailiff Service in the Saratov region. “But it is not necessary to pay debts on the day of departure and not for three days, and not less than two weeks before the trip (approximately 10 working days is the procedure for lifting the restriction on departure.) Therefore, of course, you can pay the debt in an aerop mouth or train station, if there is a Savings Bank ATM, but pay off the debt and immediately fly away on vacation is not possible. This means that a trip is broken. ”
For your information: today in a number of Russian airports, including Domodedovo and Sheremetyevo, there are terminals where you can get information about your debts and immediately pay them.
In Saratov travel agencies remember cases when customers bought a tour, but because of debts to fly to rest could not. In this case, the voucher disappears, and money for it is not returned. The travel agency does not bear any responsibility for the trip, and can not help its client. As told in one of the Saratov travel agencies, in the winter of this year, a local businessman got into an unpleasant situation, decided to celebrate the New Year with his wife and son in Europe. About the debt of 15 thousand rubles (as it turned out, some time ago he took this small amount from a business partner and did not bother to return, even when he turned to the court), the Saratovite remembered only at the border control. As a result, the cost of permits for the whole family was gone, totaling 140 thousand rubles.
Debts are also talking about “loopholes” through the neighboring countries. To get to Ukraine or to Belarus with debt beyond the shoulders is a bit easier than to countries far abroad. Especially if you do not travel by train, but by car. Citizens in such a cunning way even manage to go on vacation. Of course, it is more expensive, but some are at risk.
As lawyers say, to achieve in the event of loss of a voucher of any compensation for harm is almost impossible. Because the actions of bailiffs are perfectly legal.
“Restricting travel outside the country is often the only measure of impact on debtors, which somehow pushes them to fulfill their obligations,” said Dmitry Komrakov, a member of the Bar of the Saratov Region, “If the amount is insignificant, be generous in paying the debt and no problems There are many in the country who simply take and reject receipts for fines without paying them, but now knowing that such consequences are possible, citizens will treat them more conscientiously. they have no way out. ”
For two years, bailiffs have been talking about a service service, thanks to which you can check information about the presence of debt. However, the full database of executive production (on the website of the Office of the Federal Service of Court Bailiffs in the Saratov region) earned only this year. Anyone can enter in the field of the search engine the data of an individual or legal entity, and find out about the existence of a debt. For legal entities it is necessary to know the name of the enterprise and the address, for the physical the name and surname are mandatory, you can also enter the year of birth in the search engine. For the sake of experiment typing in the search engine the common surname and name “Ivanova Elena”, found dozens of court orders and writings. Residents of the province with such a name must amount from 200 rubles. up to 300 thousand rubles. Basically, these are insurance premiums, credit and utility payments.
Nevertheless, you can try to try to get compensation for a spoiled trip. However, as Saratov lawyers say, this is possible only if atypical situations arise. For example, if due to the actions of the bailiffs, the tourist burned a ticket, which he bought before he got on the list of non-exit visitors. Or if the debtor was traveling abroad on a business trip, and the outcome of any transaction or agreement depended on this trip. In these cases, citizens bear direct losses (tour cost) and indirect (tarnished business reputation and lost profit in the form of interest from a future transaction).
“You can go to court and try to get compensation for the damage, but only if the debtor was detained for petty debts,” says lawyer Nikolai Oviyashev. “For example, if a man was not released abroad due to a penny fine, a deal worth two million dollars, he has a chance to win a court and count on compensation for lost profits.It is enough to prove that the actions of the bailiffs were disproportionate, but this is all theory, I do not remember that such a precedent would have existed in the Saratov region. ”
Nevertheless, you can win the court. Last year, a family from St. Petersburg, which failed to fly to rest in Thailand due to the slowness of bailiffs, received compensation from the federal treasury. This decision was taken by the St. Petersburg City Court. The head of the family bought a ticket to Thailand with a flight from Moscow’s Domodedovo airport. But, having come to control, he learned that he was deprived of the right to leave the territory of the Russian Federation. The head of the department of the border service issued a traveler a certificate of refusal to cross the border with a recommendation to apply to the regional department of the Federal Bailiff Service. It turned out that earlier the head of the family was a debtor, but paid his debt for a month and a half before the planned departure to Thailand. The fact that office work in Russia lasts for so long can not be a traveler’s problem: in the eyes of the law it has long been “clean.” It is on this insisted the tourist, applying to the court. The defendants in the case were the management of the FSSP of the Leningrad region and the Ministry of Finance of the Russian Federation, since the damage caused by the negligence of officials is compensated from the federal treasury. The court took the side of the victim, satisfying all his material claims. Thus, from the federal budget were collected for unclaimed rest days and forced stay of tourists in Moscow. However, in compensation for moral harm was denied.
Likewise, litigation is known, in which the plaintiffs were tourists who got into the “black” list by mistake. Petersburger bought a ticket to Tokyo for 120 thousand rubles. However, at the passport control desk it was found out that departure from the country is limited, since the tourist is in debt. He was removed from the voyage. True, the inhabitant of the Northern capital heard for the first time that he was in debt. Later it was found out that the bailiffs made a mistake by sending a notice about the prohibition to the wrong address. The tourist did not know about the restriction and bought a tour, which eventually burned down. Later, he sued the court to recover the cost of the tour from the bailiffs, pointing out that he was not properly notified of the ban. The court partially satisfied the claim and ordered court bailiffs to pay 90 thousand rubles.
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How to go to Turkey with the debts of FSSP.